Santa Cruz County Board of Supervisors Minutes: 6/26/2007

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS

VOLUME 2007, NUMBER 18
Tuesday, June 26, 2007

ACTION SUMMARY MINUTES

VOTING KEY: B = Beautz, P = Pirie, Co = Coonerty, Ca = Campos, S = Stone; first initial indicates maker of motion, second initial indicates the "second"; upper case letter = "yes" vote; lower case letter = "no" vote; () = abstain; // = absent

1.		All Supervisors present
2.		Moment of Silence and Pledge of Allegiance
3.		Additions to the Consent Agenda: Item Nos. 64.1, 64.2, 64.3 and 64.4 Consideration of Late Additions to the Consent Agenda: REQUEST TO ADD LATE ITEM TO THE CONSENT AGENDA: Item No. 64.5: that the Board of Supervisors determine by two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows: The County Counsel's Office received notice on Monday, June 25, 2007, that an incomplete application for the conversion of a mobile home park to resident ownership pursuant to Government Code Section 66427.5 has been received. Although a temporary moratorium on these conversions is currently in effect to allow for the development of permanent regulations, the County must take action to initiate proceedings to amend the County Code to have any resulting regulatory changes be applied to this application. This action will allow the Board of Supervisors to consider amendments relating to the conversion of a mobile home park to resident ownership pursuant to government Code Section 66427.5 at its next regularly scheduled meeting It is, therefore, recommended that the Board accept this item for consideration on your consent agenda under the criteria specified above. ADDED to the Closed Session Agenda: Item No. 65: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property street addresses: APN 027-391-01 through 027-391-64 and 027-401-01 through 027-401-64 Property Owner: Swan Lake Condominiums, LLC Negotiating party for Owner: Steve Ramm Proposed Buyer: County of Santa Cruz Negotiating Party for Buyer (not agent): Tom Burns on behalf of Redevelopment Agency Board of Director
4.		Action on the Consent Agenda
5.		ORAL COMMUNICATIONS - eleven people addressed the Board

CONSENT AGENDA

6.   ACCEPTED claims as approved by the Auditor-Controller

7.   APPROVED minutes of June 12, 2007, as recommended by the Clerk of the Board

8.   DELETED ITEM

9.   APPROVED the reading by Title of all ordinances considered for adoption that may appear on this agenda and further waived a detailed reading of said ordinances, as recommended by County Counsel

10.   REJECTED the claim of Susan Bass, Claim No. 607-108, and referred to County Counsel

11.   REJECTED the claim of Bernadette Hansen, Claim No. 607-110, and referred to County Counsel

12.   REJECTED the claim of Alfonso Paramo, Claim No. 607-109, as insufficiently filed, and referred to County Counsel

13.   REJECTED the claim of Don Maritano, Claim No. 607-107, and referred to County Counsel

14.   REJECTED the application to file a late claim on behalf of Kevin O'Connell, Claim No. 607-102, and referred to County Counsel

15.   ACCEPTED AND FILED Community Television of Santa Cruz County annual report and approved 2007/2008 activities plan and budget, as recommended by the County Administrative Officer

16.   APPROVED Amendment Number One (1) to the Program Management agreement with Griffin Structures, Incorporated in the amount of $464,152 for Court requested and financed change orders for the Watsonville Superior Court tenant improvements; adopted RESOLUTION NO. 203-2007 accepting and appropriating unanticipated revenue from the Superior Court in the amount of $464,152 for the Court requested change orders; and approved related actions, as recommended by the County Administrative Officer

17.   APPROVED agreement with Rutan and Tucker and authorized the County Administrative Officer to execute the agreement on behalf of the County, as recommended by the County Administrative Officer

18.   AUTHORIZED the Auditor-Controller's Officer to pay one claim due to Kelly Services, Incorporated in the amount of $2,058.40 on behalf of the District Attorney's Office for services that have already been rendered, as recommended by the District Attorney

19.   ADOPTED RESOLUTION NO. 204-2007 authorizing the District Attorney to submit a joint powers agreement to the Victim Compensation and Government Claims Board in the amount of $465,174 for the period of July 1, 2007 through June 30, 2009, as recommended by the District Attorney

20.   AUTHORIZED the Emergency Services Administrator to execute grant documents to accept $36,310 in 2006 emergency grant funds for completion of Citizen Preparedness Projects, as recommended by the Emergency Services Administrator

21.   DECLARED used County vehicles to be surplus and directed the Director of General Services to arrange for their disposition, as recommended by the Director of General Services

22.   APPROVED plans and specifications for the Rountree Medium Security Water Heating System Replacement project; directed the General Services Department to advertise for bids; and set the bid opening for 3:00 p.m. on July 24, 2007, as recommended by the Director of General Services

23.   AWARDED contract to Color Chart, Incorporated in the amount of $60,769 for the Medium Security Weatherproofing project and approved related actions, as recommended by the Director of General Services

24.   APPROVED amendment to agreement with CRW Industries, Incorporated in the amount of $120,532 for labor and materials to repair, remodel and bring into code compliance the structures located at 98-102 Wheelock Road, Watsonville and approved related actions, as recommended by the Director of General Services

25.   ACCEPTED status report on the Energy Efficiencies Project at the Government Center Complex and directed General Services to return on or before November 20, 2007 with a further status report, as recommended by the Director of General Services

26.   AWARDED contract to Moore Construction in the amount of $114,597 for the Valencia General Store and Post Office Rehabilitation project and approved related actions, as recommended by the Director of General Services

27.   APPROVED fiscal year 2007/2008 contract with Telesoft to provide software maintenance for the Telmaster telephone bill software for a not-to-exceed amount of $19,445 and authorized the Director of Information Services to sign on behalf of the County, as recommended by the Director of Information Services

28.   AUTHORIZED various insurance renewals in the Liability/Property Budget (Index 515200) and Worker's Compensation Budget (Index 515300) for fiscal year 2007/2008, as recommended by the Personnel Director and Risk Manager

29.   ADOPTED RESOLUTION NO. 205-2007 determining industrial disability retirement for a safety member, as recommended by the Personnel Director

29.1.   APPROVED Memorandum of Understanding for the District Attorney Inspector Representation Unit and ADOPTED RESOLUTION NO. 206-2007 amending Salary Resolution No. 279-75, as recommended by the Personnel Director

30.   DEFERRED the Santa Cruz County Probation Department report on the Juvenile Justice and Delinquency Prevention Commission inspection report of the Juvenile Hall until August 7, 2007, as recommended by the Chief Probation Officer

31.   ADOPTED RESOLUTION NO. 207-2007 accepting and appropriating $3,000 of unanticipated revenue from the Juvenile Law Center into Probation Grants for fiscal year 2006/2007; approved revenue agreement from May 1, 2007 through December 31, 2008 for an amount not-to-exceed $32,600; and authorized the Chief Probation Officer to sign revenue agreement on behalf of the County, as recommended by the Chief Probation Officer

32.   AUTHORIZED the issuance of Request for Proposal (RFP) for Title II Grant's GirlZpace Advocate to local non-profit Community-Based Organizations, as recommended by the Chief Probation Officer

33.   JOINED the Santa Cruz County Regional Transportation Commission in supporting the Caltrain Extension to Monterey County, and directed the Chairperson to write a letter of support to the Federal Transit Administrator on behalf of the Caltrain Extension to Monterey County Project, as recommended by Supervisor Campos

34.   ACCEPTED nomination of Patti Shevlin for appointment to the In-Home Supportive Services Advisory Commission, as an at-large representative in the category of "current or former provider - contract care," for a term to expire April 1, 2011, with final appointment to be considered August 7, 2007, as recommended by Supervisor Beautz

35.   APPROVED appointment of Patience Beck to the Emergency Medical Care Commission, as the representative of Dominican Hospital, for a term to expire April 1, 2009, as recommended by Chairperson Beautz

36.   APPROVED the 2007 Priorities Report for Child Care Expansion for Santa Cruz County prepared by the Santa Cruz County Child Care Planning Council, and authorized the Chairperson to sign the revised Local Planning Council County Priorities Report Form; with an additional direction the Board request the Councils' recommendations for inclusion in Board's legislative program

37.   ADOPTED RESOLUTION NO. 208-2007 supporting the passage of Senate Bill 119, which would expand access for MediCal eligible youth ages 12-21 to alcohol and other drug abuse treatment programs, as recommended by Chairperson Beautz

38.   ACCEPTED AND FILED report on the need to continue the state of local emergency relative to transmission of HIV through contaminated needles, as recommended by the Health Services Agency Director

38.1.   ADOPTED RESOLUTION NO. 209-2007 accepting and appropriating $2,455,000 in unanticipated federal, state and local revenue into the Health Services Agency budget to provide for year-end accounting requirements in Realignment, State Hospital Services, mental health treatment services, foster care, and other health programs, as recommended by the Health Services Agency Director

39.   SEE ITEM NO. 69.1 REGULAR AGENDA

40.   APPROVED agreement with FCS, a new agreement for psychiatric staffing recruitment services for the Health Services Agency, as recommended by the Health Services Agency Director

41.   APPROVED agreement with Appleby and Company for electronic document imaging ($31,993), UCLA Center for Public Health Disasters for emergency preparedness training ($35,000), D.W. Alley and Associates for fish monitoring activities ($20,000 unchanged), Creegan & D'Angelo for engineering services related to the Pasatiempo Sewer Project ($92,400 unchanged), and a Joint Powers Agreement with the Bay Area Regional Immunization Registry to increase vaccination coverage, and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

42.   SEE ITEM NO. 69.2 REGULAR AGENDA

43.   APPROVED agreement with BKD, LLP in the maximum amount of $30,000 for Medicaid consulting and financial services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director

44.   ACCEPTED AND FILED quarterly progress report on the Child Welfare Services System Improvement Assessment and Planning Process and authorized the Human Resources Agency Director to sign an amendment to the contract with Applied Survey Research replacing the existing Scope of Services with one that extends the term of the contract to fiscal year 2007/2008 at no additional County cost, as recommended by the Human Resources Agency Director

45.   APPROVED various agreements and amendments to existing agreements for the provision of Child Welfare services to children and families for the 2006/2007 and 2007/2008 fiscal years; authorized the Human Resources Agency to publish the Request for Proposals for services in support of child welfare services; directed the Human Resources Agency to return on September 25, 2007 with recommendations for contract award; and approved related actions, as recommended by the Human Resources Agency Director

46.   ACCEPTED AND FILED report on parking management for the East Cliff Drive Bluff Stabilization and Parkway project, as recommended by the Planning Director

47.   SCHEDULED a public hearing on August 14, 2007, on the morning agenda, at 9:00 a.m. or thereafter to considered Coastal Commission required modifications to Large Family Child Care Home ordinance amendments and approved related action, as recommended by the Planning Director

48.   APPROVED independent contractor agreement with Clean Harbors Environmental Services to provide transportation recycling and disposal services for the County's Household Hazardous Waste Collection Program in a not-to-exceed amount of $220,000, contingent upon Board approval of the 2007/2008 County Service Area No. 9-C, Refuse budget; authorized the Director of Public Works to sign the agreement on behalf of the County, as recommended by the Director of Public Works

49.   ACCEPTED low bid from Earthworks Paving Contractors, Incorporated in the amount of $221,531 for the 2006/2007 County Service Area (CSA) Resurfacing project; authorized award of contract; and authorized the Director of Public Works to sign the contract on behalf of the County, as recommended by the Director of Public Works

50.   ACCEPTED improvement for the 2006 Graham Hill Road Traffic Signal project; approved final cost in the amount of $542,937.91; and approved related action, as recommended by the Director of Public Works

51.   APPROVED final map of Tract 1498, Dawn Lane Eco Homes (Soquel); authorized the Director of Public Works to sign the Subdivision Agreement; and approved related action, as recommended by the Director of Public Works

52.   APPROVED independent Contractor Agreement with Calscience Environmental Laboratories, Incorporated to provide environmental laboratory analytical services for County's Solid Waste and Recycling section for a not-to-exceed amount of $80,000, contingent upon Board approval of the 2007/2008 County Service Area No. 9C Refuse budget; authorized the Director of Public Works to sign the agreement on behalf of the County; and approved related action, as recommended by the Director of Public Works

53.   ADOPTED RESOLUTION NO. 210-2007 summarily vacating road right-of-way, a portion of Atherton Drive near the northeast corner of Atherton Drive and Soquel Drive, adjacent to APN 037-251-26; accepted property owner's offer to purchase County's interest in the subject property; pursuant to terms and conditions of the Memorandum of Agreement; adopted RESOLUTION NO. 211-2007 consummating transfer of the County's interest and authorized the Chair of the Board of Supervisors to execute the Grant Deed; and directed the Clerk of the Board to return the executed deed and certified copy of the resolution to the Real Property division to take related action, as recommended by the Director of Public Works

54.   ADOPTED RESOLUTION NO. 212-2007 approving and accepting the terms and conditions of the agreements and rights of entry for the Thirtieth Avenue Improvements, Portola Drive and Brommer Street project; made findings that the improvements are of benefits to the project area; authorized the Director of Public Works to sign the agreements on behalf of the County; and approved payment of claims, as recommended by the Director of Public Works

55.   APPROVED plans and specifications and engineer's estimate for the 2007 Live Oak/Soquel Redevelopment Agency (RDA) Overlay Project and authorized calling for bids; set the bid opening for 2:15 pm on July 26, 2007, in the Department of Public Works conference room; directed Public Works to return on August 7, 2007, with a recommendation for award of contract; and approved related action, as recommended by the Director of Public Works

56.   DELETED ITEM

57.   AS THE BOARD OF DIRECTORS OF PAJARO STORM DRAIN MAINTENANCE DISTRICT, APPROVED transfer of funds in the amount of $35,000 from the Pajaro Storm Drain Maintenance District; approved contract with Gutierrez Consultants, Incorporated in the amount of $32,375 for grant assistance work for the Local Levee Grant Program; authorized the District Engineer to sign contract on behalf of the District; and approved related actions, as recommended by the District Engineer

58.   APPROVED extension of the lease of the Santa Cruz County Watsonville Veterans Memorial Building to the City of Watsonville for the period of July 1, 2007 to June 30, 2012; amended the lease dated June 26, 2002 to include the option to renew this lease for two five-year terms; and authorized the Director of County Parks to execute the amendment to the lease on behalf of the County of Santa Cruz, as recommended by the Director of Parks, Open Space and Cultural Services

59.   APPROVED contract with Discovery Tours and authorized the Parks Director to sign the contract on behalf of the County, contingent on approval of the proposed budget at budget hearings, as recommended by the Director of Parks, Open Space and Cultural Services

60.   SEE ITEM NO. 69.3 REGULAR AGENDA

61.   ADOPTED RESOLUTION NO. 213-2007 consenting to the purchase of Assessor's Parcel Number 032-251-07 on East Cliff Drive in Pleasure Point, as recommended by the Redevelopment Agency Administrator

62.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, CERTIFIED the California Environmental Quality Act Notice of Exemption for the purchase of Assessor Parcel Number 032-251-07 on East Cliff Drive in Pleasure Point; adopted RESOLUTION NO. 214-2007 approving the purchase; and directed the Clerk of the Board to take related actions, as recommended by the Redevelopment Agency Administrator

63.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED Agency funds totaling $118,250 for the cost of the acquisition of necessary land and easement agreements for the 30th Avenue Improvement project and approved related actions, as recommended by the Redevelopment Agency Administrator

64.   AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, APPROVED independent contractor agreement with Cary Edmundson and Associates in the amount of $75,000 for specialized land surveying services, and approved related actions, as recommended by the Redevelopment Agency Administrator

64.1.   DIRECTED the Chairperson to write a letter on behalf of the Board to our federal representatives asking that they support the repeal of the federal rider exempting the Foothill-South Toll Road through San Onofre State Park so that this project can receive the benefit of being vetted through the state and federal review process, as recommended by Supervisors Campos and Coonerty

64.2.   ADOPTED RESOLUTION NO. 215-2007 authorizing staff to appeal the UCSC Timber Harvest Plan No. 1-07-062 SCR should the California Department of Forestry and Fire Protection find the plan in conformance with the Forest Practice Act, as recommended by Supervisor Coonerty

64.3.   ADOPTED RESOLUTION NO. 216-2007 supporting the passage of Senate Bill 695, as requested by the Fish and Game Commission and recommended by Chairperson Beautz

64.4.   APPROVED 4th of July road closures as shown on Fourth of July Road Closures/Beach Access list and directed Public Works to provide CHP and the Sheriff's Office with road closure barricades and detour signs, as recommended by the Director of Public Works

64.5.   ACCEPTED request of the County Counsel the Board of Supervisors determine by a two-thirds vote of its members present at the meeting that a need to take action to avoid injury or detriment to the public or employees arose subsequent to the printed agenda being posted as follows:

The County Counsel's Office received notice on Monday, June 25, 2007, that an incomplete application for the conversion of a mobile home park to resident ownership pursuant to Government Code Section 66427.5 has been received. Although a temporary moratorium on these conversions is currently in effect to allow for the development of permanent regulations, the County must take action to initiate proceedings to amend the County Code to have any resulting regulatory changes be applied to this application. This action will allow the Board of Supervisors to consider amendments relating to the conversion of a mobile home park to resident ownership pursuant to government Code Section 66427.5 at its next regularly scheduled meeting.

It is therefore recommended that the Board accept this item for consideration on the consent agenda under the criteria specified above;

scheduled a public hearing for Tuesday, August 7, 2007 to consider enactment of an ordinance establishing regulations relating to the conversion of mobilehome parks to resident ownership pursuant to Government Code Section 66427.5; and

directed the Clerk of the Board to publish notice of the public hearing for August 7, 2007
SPCoCaB

65.   AS THE BOARD OF SUPERVISORS AND REDEVELOPMENT AGENCY, SCHEDULED a closed personnel and litigation session as follows:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Case Name/No.: City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 155571; City of Santa Cruz, et al. v. Regents of the University of California, Santa Cruz County Superior Court Case No. CV 156366

CONFERENCY WITH REAL PROPERTY NEGOTIATOR

Property street addresses:

APN 027-391-01 through 027-391-64 and 027-401-01 through 027-401-64

Property Owner: Swan Lake Condominiums, LLC

Negotiating Party for Owner: Steve Ramm

Proposed Buyer: County of Santa Cruz

Negotiating Party for Buyer (not agent): Tom Burns on behalf of Redevelopment Agency Board of Directors

REPORT OF COUNTY COUNSEL - No report given

REGULAR AGENDA

66.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, joint public hearing held on the Gemma Project;

(1) As the Redevelopment Agency Board of Directors:

(a) public hearing held regarding the Agency's expenditure of funds to acquire and rehabilitate the Property; closed public hearing;

(b) ADOPTED RESOLUTION NO. 217-2007 approving the expenditure of funds to acquire and rehabilitate the Property and lease of the Property to Community Action Board (CAB)/Gemma pursuant to a proposed Lease Agreement; and

(c) authorized the Planning Director to sign the Agency's proposed Lease Agreement with CAB/Gemma and approved the ADM-29; and

(2) As the Board of Suprvisors:

(a) public hearing held regarding the Agency's expenditure of funds to acquire and rehabilitate the Property; closed public hearing and

(b) ADOPTED RESOLUTION NO. 218-2007 consenting to the Agency's expenditure of funds to acquire and rehabilitate the Property
CaPCoSB

67.   AS THE BOARD OF SUPERVISORS AND AS THE BOARD OF DIRECTORS OF THE SANTA CRUZ COUNTY REDEVELOPMENT AGENCY, joint public hearing held on the Wheelock House Project regarding the Agency's expenditures concerning Wheelock House, as described in the Summary Report (Attachment 1);

closed public hearing;

(2) As the Board of Supervisors, ADOPTED RESOLUTION NO. 219-2007 making the findings required by Health and Safety Code Sections 33445 and 33679 and concurring with the Agency's expenditures concerning Wheelock House (Attachment 2); and

(3) As the Redevelopment Agency Board of Directors, authorized an additional $567,254 from the Housing Fund for construction related costs to the project and ADOPTED RESOLUTION NO. 220-2007 authorizing the Agenccy's expenditures concerning Wheelock House (Attachment 3)
PCaCoSB

68.   CONSIDERED the commencement of the renewal process for Comcast Corporation the cable franchisee for the County's North County Cable Franchise Area and the City of Santa Cruz;

As the Board of Supervisors:

(1) authorized commencement of the renewal process for Comcast Corporation the cable franchisee for what is known as the North County Cable Franchise Area; and

(2) authorized the County Administrative Officer to work with the Santa Cruz City Manager and Special Counsel on the selection of the consultants needed for review of Comcast's performance in Santa Cruz and, subject to the Board of Supervisors approval of the 2007-2008 County Budget, to negotiate and sign the appropriate agreements;

Santa Cruz City Council:

(1) authorized commencement of the renewal process for Comcast Corporation the cable franchisee for the City of Santa Cruz; and

(2) authorized the City Manager to work with the County Administrative Office and Special Counsel on the selection of the consultants needed for a review of Comcast's performance in Santa Cruz
SCaPCoB

69.   CONSIDERED the selection of artists Suchitra Fields, Faye Zhang, Paul Cheney, and Timothy Rose as the public artists for the Watsonville Courthouse project;

(1) approved the selection of Suchitra Fields, Faye Zhang, Paul Chaney, and Timothy Rose as the public artists for the Watsonville Courthouse project;

(2) approved the agreements with Suchitra Fields in the amount of $19,965, Faye Zhang in the amount of $18,600, and Paul Cheney in the amount of $23,000 for various public art work at the Watsonville Courthouse;

(3) directed the Parks Department to return on or before August 14, 2007 with an agreement with Timothy Rose pending completion of the installation design; with an additional direction to return on August 14, 2007 with information on the languages which will and will not be used in the art work by Faye Zhang, if the decision has been made
CaPCoSB

69.1.   APPROVED amendment to the MediCruz agreement with Dominican Hospital for inpatient physician treatment services and authorized the Health Services Agency Director to sign, as recommended by the Health Services Agency Director
PCaCoSB

69.2.   ACCEPTED AND FILED report on Proposition 50 grant for Northern Santa Cruz County, and the proposed allocation of funds among County projects; with an additional direction to add the words "Regional Ocean Desalination" before the word "Project" in Number 8 of the Proposed Allocation of Proposition 50 Grant for Northern Santa Cruz County (Attachment 1)
PSCoCaB

69.3.   CONTINUED TO AUGUST 14, 2007 consideration to adopt resolution accepting the transfer of the public easement known as Rockview Drive; with an additional request for information concerning increased County liability, greater detail on the cost of maintenance and the adequacy of the allocation
PSCoCaB

PROCEEDINGS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS

PROCEEDINGS OF THE
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS